Withholding performance of a contract, called down directly in appeal. Inadmissibility

The Romanian High Court of Cassation and Justice has decided that withholding one’s performance of a contract constitutes a proper means of defense which can be used by the parties bound by a synallagmatic contract. A party can withhold his performance if the other one requests execution without delivering its own obligations. It follows that such a line of defense cannot be called down directly in the appeal, as it does not regard trial proceedings. The justification behind this reasoning is that the Appeal Court cannot be invested with aspects which require de facto inquiries. Moreover, the contract parties would be deprived of different extents of jurisdiction invested by the law with analyzing such  proper lines of defense.

:: The Source: JURIDICE.ro

Ana Maria Iliescu

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